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Foreign national spouse? Victim of a domestic violence? Refused but no appeal rights?

Posted on: 30 November 2017

Foreign national spouse? Victim of a domestic violence? Refused but no appeal rights?

Ajid Miah, Head of Immigration at Silverdale Solcitiors, was involved in a recent High Court case involving a foreign national spouse claiming domestic violence. The full judgement can be found on http://www.bailii.org/ew/cases/EWHC/Admin/2017/2589.htmlR (AT) v Secretary of State for the Home Department [2017] EWHC 2589 (Admin).

This is the first Judicial Review challenge under new provisions where an application for Indefinite Leave to remain is made by a spouse or partner who claims their relationship has broken down as result of domestic violence. Where such application is refused by the Secretary of state for the home department (SSHD) the new provisions removed, with effect from 6 April 2015, a right of appeal to the First tier tribunal and replaced it with administrative review (AR). Ajid applied on behalf of the client for Indefinite Leave to Remain claiming that her marriage to a British citizen had broken down as a result of domestic violence. This was refused by SSHD. The AR led to same result and was unsuccessful.

When the claim was filed, the client’s removal became imminent which would mean she would be removed from the country. Ajid applied for an interim injunction. HHJ Bird sitting as a deputy HC judge granted an interim injunction against removal and granted anonymity. The permission to apply for Judicial Review was granted by Mr Justice Gilbart. Following permission and in the interests of our client, Ajid Miah transferred the case to a legal aid firm whereby with the funding of emergency legal aid, they covered the final hearing. The judge set out how a human rights claim should be approached in such cases and also remitted the case back to SSHD for reconsideration. Our client returned to Ajid and Silverdale Solicitors to make those representations in respect of the reconsideration. The case remains pending with the SSHD.